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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of consumer geotracking data by telephone |
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companies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 11, Business & Commerce Code, |
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is amended by adding Chapter 509 to read as follows: |
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CHAPTER 509. GEOTRACKING DATA |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 509.001. DEFINITIONS. In this chapter: |
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(1) "Geotracking data" means data obtained from an |
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individual's cellular telephone or other wireless communications |
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device that identifies and tracks the location of the device. |
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(2) "Telephone company" has the meaning assigned by |
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Section 306.001. |
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SUBCHAPTER B. SALE OF GEOTRACKING DATA |
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Sec. 509.051. CONSENT REQUIRED FOR SALE OF GEOTRACKING |
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DATA. (a) A telephone company may not sell a consumer's geotracking |
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data to a third party unless: |
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(1) the company has requested the consumer's consent, |
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in writing or electronically, to sell the consumer's geotracking |
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data; and |
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(2) the consumer has provided written or electronic |
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consent to the company to sell the data. |
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(b) A consumer's consent to the sale of the consumer's |
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geotracking data under Subsection (a) remains effective until |
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rescinded by the consumer. |
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(c) A telephone company may offer a discount or other |
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incentive to a consumer for consenting to the sale of the consumer's |
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geotracking data. |
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SECTION 2. This Act takes effect September 1, 2021. |